PARTENREEDEREI M. S. BERND LEONHARDT v. UNITED STATES

No. 10165.

393 F.2d 756 (1968)

PARTENREEDEREI M. S. BERND LEONHARDT, owner of the M/V BERND LEONHARDT, Appellant, v. UNITED STATES of America, owner of the USS SARATOGA, (CVA 60), Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 3, 1968.


Attorney(s) appearing for the Case

William A. Grimes, Baltimore, Md. (Randall C. Coleman, and Ober, Williams & Grimes, Baltimore, Md., on brief), for appellant.

Alan Raywid, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and Morton Hollander, Atty., Dept. of Justice, and Thomas J. Kenney, U. S. Atty. on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


HAYNSWORTH, Chief Judge:

On a clear, calm night on the high seas, two ships collided after long observation of each other and the exchange of a cheery greeting. We accept the finding of the District Court that the German merchantman was at fault, but we cannot accept its absolution of the American aircraft carrier. The carrier, we think, must shoulder a full share of the responsibility for the collision.

The USS Saratoga (CVA 60) left Norfolk, Virginia, for...

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